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december 2015

Supreme Court of India · 2015-12-02

UNION OF INDIA vs V. SRIHARAN @ ,MURUGAN & ORS.

Citation / case number
SC 2014/60051
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
V. SRIHARAN @ ,MURUGAN & ORS.
Author
FAKKIR MOHAMED IBRAHIM KALIFULLA
Bench
H.L. DATTU,FAKKIR MOHAMED IBRAHIM KALIFULLA,PINAKI CHANDRA GHOSE,ABHAY MANOHAR SAPRE,AMITAVA ROY

Judgment text excerpt

The Supreme Court addressed critical questions regarding the remission of life sentences under Section 53 and Section 432 of the Penal Code, particularly in the context of the Rajiv Gandhi assassination case. The Court held that the term 'imprisonment for life' does not inherently exclude the right to remission, and clarified the roles of the Union and State governments in exercising remission powers under Articles 72 and 161 of the Constitution. The judgment emphasized the need for a clear procedural framework for remission, especially in cases involving severe penalties, thereby establishing important legal principles regarding the interplay of state and union powers in criminal justice.

UNION OF INDIA vs V. SRIHARAN @ ,MURUGAN & ORS. · Niyam